Process for Considering Reclassification of English Learners Who Also Have Identified Special Needs

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1 Process f onsidering Reclassificati on of E nglish Learners W ho Also Have I dentified or C Special N eeds 1 Under 19 TAC §89. 1225(m) 2018- 2019 School Y ear Grades 1– 12 019 Under Texas Administrative Code (TAC) §89.1225(i), districts are required to use the 2018-2 to English Learner Reclassification Criteria Chart found at http://tea.texas.gov/bilingual/esl/education ) as English proficient. The rec las sification criteria under TAC r eclassify English learners (ELs §89.1225(i) apply to the vast majority of English learners also have identified special needs. In rare cases, an English learner with significant cognitive disabilities who is receiving special educati on s s ervices may qualify to be reclassified using criteria permitted under TAC §89.1225(m), which give s pecial consideration to an English learner for whom assessments and/or standards under TAC §89.1225(i) are not appropriate because of the nature of a student’s particular disabling condition. S tudents eligible to be considered using the reclassification criteria under TAC §89.1225(m) should only be those designated to take STAAR Alternate 2 and/or those who meet participation requirements for TELPAS Alternate, as determined by the language proficiency assessment admission, review and dismissal (ARD) committee. committee (LPAC), in conjunction with the This document outlines the process to follow when considering whether an English learner qualifies to be reclassified using the criteria authorized by TAC §89.1225(m). This process is to be used to address the needs of an individual student, not groups of students. Very few students qualify for reclassification using this criteria. S tep 1: Schedule Meeting to Evaluate Whether Student Potentially Qualifies Using This Process At or near the beginning of the school year, a meeting is to be scheduled between key ARD and LPAC committee members to discuss whether the student is eligible to be reclassified using criteria under §TAC 89.1225(m). e English process, a determination is made about the assessments o Through languag this and/or pr oficiency assessment standards to be used for reclassification. o This process applies ONLY when one or more assessments and/or English language proficiency assessment standards under TAC §89.1225(i) are not appropriate for the student in a particular language domain for reasons directly associated with the student’s disability. In following this process, refer also to the document titled Guidance Related to ARD Committee and LPAC Collaboration found athttp://tea.texas.gov/index2.aspx?id=2147496923. o T an his process must be conducted by key ARD committee members (including a diagnostici hen applicable) and key LPAC members who are familiar with the student’s current pro gres w s depth knowledge of the student’s second , including one or more teachers with in- and needs achievement. language acquisition and academic 1 Title 19 Texas Administrative Code Chapter 89 Adaptations for Special Populations; Subchapter BB. Commissioner’s Rules Concerning State Plan for Educating English Learners 2019 Agency T exas Education LPAC Framework Manual 2018-

2 Step 2: Discuss Evidence of Need for Use of §89.1225(m) Reclassification Criteria At the meeting, the participants discuss the second language acquisition of the student within the context of the individual student’s disability to consider whether the TAC §89.1225(m) reclassification criteria are warranted. o Consideration must be IEP -based and must include documented evidence that, because of the nature of the student’s disability, the student is not expected to be able to attain English language proficiency in one or more domains and no longer appears to benefit from second language acquisition support in English to address second language ic, and affective needs (or is expected to reach that point acquisition cognitive, linguist during the year). school o Evidence must include both historical formal and informal assessment data and direct teacher input. Ongoing informal assessment data may come from checklists, inventories, and other formative functioning and evaluations designed to identify the levels of academic language proficiency of the student. The input of a diagnostician may be English requested, as necessary, to help determine whether the TAC §89.1225(m) reclassification criteria are warranted. Direct teacher input should provide further insight into the student’s classroom performance and needs, and should include, if applicable, documentation of response to intervention, anecdotal notes, and other evidence drawn from sources such as classroom -based observations and classroom activities. Step 3: Specify Assessments and English Language Proficiency Test Standards If, after reviewing the evidence, the meeting participants conclude that the student no rom second language acquisition support in English (or is expected to longer benefits f reach that point during the school year), the participants review the assessment information in the IEP and make reclassification criteria recommendations based on the information below. Caution should be exercised when considering reclassification of students in Grades 1- 2. It may be premature in these grades to consider reclassification due to developmental factors related to emergent language and literacy. Additionally, in early grades, it is often difficult to know the effect of the student’s disability on term prospects for second language acquisition. long- ACADEMIC CONTENT ASSESSMENTS OF READING AND WRITING IN GRADES 1 -2 -referenced standardized achievement tests are not required for students in grades o Norm 1-2 eligible under TAC §89.1225(m). ACADEMIC CONTENT ASSESSMENTS OF READING AND WRITING IN GRADES 3 -12 assessments Selection of appropriate academic content o considered for exit criteria under TAC §89.1225(m) should be only those designated to Students STAAR Alternate 2, as determined by the ARD committee in conjunction with the LPAC. take -established standards must be used for all state assessments. Reminder: State 2019 Agency Texas Education LPAC Framework Manual 2018-

3 o dification of performance standards on academic content assessments not Mo STAAR Alternate 2 is an permitted based on alternate academic assessment achievement standards. Further modification of performance standards on academic content assessments is not permitted. State -established standards must be used for all state assessments. ENGLISH LANGUAGE PROFICIENCY ASSESSMENTS IN GRADES 1 -12 o Modification of English language proficiency assessment standards on a domain -by -domain data basis Any modified standards mus t be supported by historical and evidence that the student proficiency is not able to attain English language be because of factors directly related to expected to the student’s disability and that the student no longer appears to benefit from second language acquisition support in English to address second language acquisition cognitive, linguistic, and affective needs (or is expected to reach that point during the school year). o Selection appropriate English language proficiency assessments of as applicable in the TELPAS general domains language Grade 1: Students in grade 1 will take the LPAC. determined by the ARD committee in conjunction with the − Listening: TELPAS listening or other OLPT from state- approved list − Speaking: TELPAS speaking or other OLPT from state-approved list − Reading: TELPAS reading or other English language reading proficiency test from state- approved list − Writing: TELPAS writing or other English language writing proficiency test from sta te-approved list Grades 2- Students that are designated to take STAAR Alternate 2 and/or meet the TELPAS 12: Alternate participation requirements, as determined by the LPAC in conjunction with the ARD committee, will be assessed with TELPAS Alternate in all of the four language domains (listening, speaking, reading, and writing). Step 4: Prepare Documentation Key members of the ARD committee and LPAC document the evidence, recommendation, assessments, and any modified English language proficiency test standards. 5: Discuss in LPAC in Formal Criteria Reclassification Recommended Step Conjunction with ARD Committee Meeting Key members of the LPAC and the ARD committee present the documentation at a formal LPAC in conjunction with ARD committee meeting. in the or at the as possible year of end o The meeting should take place as early school current the year to be applied the next school year. The meeting must occur prior to the student’s participation in the identified assessments. IEP is committee meeting, the ARD o Based on discussion at the formal LPAC in conjunction with updated with documentation of the modified reclassification criteria if the committee as a whole det ermines that reclassification is a ntici pated. 2019 Agency Texas Education LPAC Framework Manual 2018-

4 Step 6: Determine and Document Whether Student Has Met Modified a Reclassification Criteri At the end of the year, the ARD committee, with key LPAC members, meets to review the assessment subjective teacher evaluation required under TAC §89.1225(i) to determine whether the results and the modified reclassification has met criteria. student reflect o The subjective teacher evaluation must the status of the student following the administration of the assessments. This This 89.1220(g). Section by TAC held o as required meeting is to be year, at the end of the school ARD students additional LPAC in conjunction with an committee meeting is necessary for means that whose annual ARD committee meeting is held at a different t ime. o If the decision is made to reclassify the student based on the assessment results and subjective teacher evaluation, the LPAC in conjunction with ARD committee finalizes and documents the change in placement or program and delineates instructional services including the monitoring period for reclassified students. Furthermore, as required under TAC §89.1220(l)(1)(H) relating to also LPAC the reclassification the documents exit from bilingual education or ESL services, decision file. record permanent student’s in the 2019 Agency Texas Education LPAC Framework Manual 2018-

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